The issue of the sole responsibility is very important in the immigration applications where the main applicant, usually the parent of a child from a previous relationship, is planning to bring that child into the UK. In this case the parent going to the UK for studies, work or even settlement must meet the relevant Rules in relation to proving that that parent has been solely responsible for the child's upbringing. The UK BA vaguely implies some sort of the “permission letter” from the other parent, who is not coming to the UK and who may be disadvantaged by the child immigration to the UK. What the UK BA expects is evidence of “ultimate responsibility” for the child’s upbringing. Therefore the contents of the letter are extremely important for the overall success of the application and, if the letter is not carefully and correctly prepared, that may lead to the child’s application being refused.

Exclusion Undesirable (children) option in immigration applications

The alternative where both parents are not applying to come to the UK together (especially when the parents are not divorced) or where “sole responsibility” cannot be adequately demonstrated, is to show that there are family or other considerations making the child’s exclusion undesirable and suitable arrangements have been made for the child’s care.

The evidence which might be advanced to support an application made on the basis of the "exclusion undesirable" is highly fact-sensitive and may vary greatly from case to case.

We have been regularly working with various types of applications, where (often) the mother is planning to go to the UK as a Tier 1-4 Migrant, non-EEA Family Member, or to settle with a new British/settled partner and that mother has a child from a previous marriage or relationship, where the child’s biological father is not going to the UK and that mother wants to bring her child to the UK, too.

We can assist you at every stage of your intended application where you are coming to the UK with your child from a previous relationship or just intend to do so, such as familiarising ourselves with your plants, checking your eligibility, advising you on the relevant documents, assisting you with various letter drafts, including the letters from the formal 3rd parties and the other remaining biological parent, checking your application and, of course, generally or fully representing you in relation to your intended Sole Responsibility or Exclusion Undesirable based application.

The above options are not exhaustive as we treat every client's case individually. Please do not hesitate to book a phone, Skype or office consultation with us for a professional immigration advice and possible further representation before the UK Border Agency or the First Tier or Upper Tier Tribunal (Immigration and Asylum Chamber) (FTT/UTT IAC).